11:82 ?81?592?9? PRQIRIE BILT IND PAGE .2384 Nafgs 0/7/ BACK 3/9/10 THIS RELEASE ("Release") is made as of the day of 2010 by and between Ashtabula Wind II LLC, a Delaware limited liability company (?Company?) and husband and wife (?Owner") (hereina?er collectively the "Parties") upon the terms and conditions set forth below: RECITALS: WHEREAS, Owner is the owner of a certain tract of land located in Griggs County, North Dakota legally described on the attached Exhibit (?Property?) and incorporated herein; and WHEREAS, Company owns and operates the Ashtabula Wind Energy Center (?Wind Farm?), a wind farm which is adjacent to the Property; and WHEREAS, Owner noti?ed Company that they are experiencing problems with shadow ?icker at their residence on the Property. NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein, the Parties hereby agree, as follows: 1. The recitals are true and correct and are incorporated in this Release by reference. Company shall pay to Owner the one?time amount of Fi?een Thousand Dollars payable on or before March 31, 2010, for any and all shadow ?icker related to the Property, caused 'or alleged to be caused by the Wind Farm stemming ?'orn, related to or attendant to the operation of the Wind Farm by Company, its parent companies, affiliates, successors, assigns, related companies including but not limited to interference with glare, shadow ?icker, diminishment of the value of the Property, the ability to use or enjoy the Property, nuisance, and any injury or harm to persons, including but not limited to anxiety, suffering, mental anguish, loss of the ability to enjoy life, or any other harm or wrong, tort, intentional or negligent conduct stemming from, related to or consequent to shadow ?icker from the Wind Farm whether claimed or not claimed, including all claims that could have been brought, or which hereafter might be brought by Owner or any of their Successors and assigns. 2. The matters settled and released pursuant to this Release include all matters, claims, causes of action, and disputes of any nature whatsoever within the authority of the Parties (including third-party claims, indemnity claims, contribution claims, direct and derivative claims, and any other claims held in any capacity) whether or not fully accrued, relating to or arising out of the interference on the Property. The foregoing matters described in paragraph'z are referred to hereinafter in this Release as the ,"Released Matters." 3. The Parties, each for itself and its directors, o?icers, agents, and/or representatives, hereby expressly and unconditionally release and discharge one another, and their respective directors, of?cers, agents, representatives, employees, agents, successors andlor 11:82 ?Bl?592?9? PRAIRIE BILT IND PAGE E13364 assigns, from any and all obligation, liability or responsibility arising ?om or as a result of the Released Matters. 4. The execution of this Release shall not be construed as an admission by any Party as to the validity or invalidity of any other Party's position with reference to the issues resolved in this Release and neither party shall, directly or indirettly, seek to take or advance any position before any court, agency, or administrative tribunal, predicated in whole or in part on any term or condition of this Release except in connection with an action to enforce this Release or the terms or conditions thereof. The fact of settlement, the amount, nature of terms of the Release, and this Release are to are to remain strictly, totally and completely con?dential and any breach of the terms of this Release shall entitle the non-breaching Party to seek all equitable relief as well as monetary damages from Owner. The Parties agree not to make any statenaents, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other party, its employees, directors, and of?cers. The Parties acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry competitors, strategic partners, vendors, employees (past and present), and clients. Either Party, if approached, has the right to state ?we had an issue and that the issue has been resolved to our satisfaction.? 5. The Release may not be modi?ed or amended except by a written instrument Signed by all the Parties hereto- 6. In the event of litigation'arising out of or in connection with the enforcement of this Release or any dispute arising out of this Release, the prevailing party shall be entitled to recover all reasonable attorneys' fees, costs and incidental expenses incurred in connection with such litigation proceeding, including all costs or fees incurred on appeal. 7. The provisions of this Release shall be governed by North Dakota law. 8. This Release shall be binding upon the predecessors, heirs, successors, and assigns of each Party. 2 release clean 8455-10-4!? 11:62 781?69279? PRAIRIE EILT IND EXECUTED on the dates appearing below their signatures by the Parties' undersigned of?cers, duly authorized. Company: Ashtabula Wind II LLC, a Delaware limited liability company By:' Name: Dean R. Gosselin, Vice President Date: Owner: Date: 3 [clean alarm 2-36-1 0.th1'